Borough of Munhall, PA Performance Standards

Computation. When calculation of the required amount of off-street parking results in a requirement of a fractional space, that fraction shall be counted as an entire parking space.

Size.

General. Any required off-street parking space shall be at least nine feet wide by 19 feet in length, with an area of at least 171 square feet, not including access drives, aisles or ramps.

Handicapped. Any required off-street parking space designated as a handicapped space shall be required to include an access aisle for access to the right-hand side of the vehicle and shall minimally meet the following dimensional design standards:

Length: 19 feet.

Width: 11 feet.

Access aisle width: five feet.

Access. Each required off-street parking space shall open directly upon an aisle or drive of such design as to provide safe and efficient means of access to a street in a manner which will least interfere with traffic flow.

Surfacing. All driveways and open off-street parking spaces shall be surfaced and maintained with a bituminous or concrete surface.

Lighting. All off-street parking areas in multifamily residential, commercial and industrial districts shall be suitably illuminated for night use, with any such lighting being directed away from adjacent residential districts or uses and streets.

Drainage. All off-street parking and loading areas, including driveways, aisles and other, shall be graded and adequately drained so as to disperse surface water which might otherwise accumulate upon any such area and to prevent excess runoff onto adjacent properties or across public sidewalks by dispersing the surface drainage to an adequate stormwater drainage system, drainagecourse or other acceptable processing system.

Collective parking. Off-street parking for separate uses in the commercial, industrial or mixed-use districts may be provided collectively only if the total number of parking spaces in any such collective off-street parking facility is equal to either:

The total number of spaces required for the various uses if computed separately.

Only if it is demonstrated to Council's satisfaction that the individual uses have parking needs at different times of the day which can adequately be met by sharing the available off-street parking spaces, an approved number of spaces which is less than the total number of spaces required for the various uses if computed separately.

All of the other "general provisions" addressed under Subsection A of this section shall be met.

Location and accessibility.

Except as may be provided elsewhere herein, all required off-street parking spaces for residential uses shall be located on the same zoning lot as the dwelling(s) served.

Off-street parking shall not be permitted in required transitional buffer yards or required open space areas.

In all districts, off-street parking shall be reasonably accessible to the uses served. In business/commercial districts, all required parking spaces shall be located within 250 feet (direct walking distance) of a main entrance to the use served.

Vehicle repair and/or service shall not be performed and is not permitted within any off-street parking area or facility in any district.

The parking or storage of any vehicle, other than a recreation vehicle, with a registered gross weight in excess of 11,000 pounds shall not be permitted in any residential district.

No commercial vehicle may be parked in an open yard in any residential district, except for in-service vehicles which may be parked temporarily (momentarily) for business or delivery purposes and which are otherwise in full compliance with all other applicable laws of the Borough and the commonwealth.

Required minimum number of off-street parking spaces. The minimum number of required off-street parking spaces for each use, expressed in units of total area, membership, employment or seating, is as follows:

Residential uses.

One- and two-family dwellings: two per dwelling unit.

Multifamily dwellings.

Efficiency or one-bedroom: one per unit.

Two or more bedrooms: two per unit.

Senior citizen housing: one per two dwelling units.

Commercial uses.

Animal (veterinary) clinic or hospital and kennels: one per 400 square feet gross floor area plus one per two employees.

Automotive, mobile home, boat, camper or trailer sales: one per 400 square feet gross floor area and one per employee.

Automotive service stations: one per service bay plus one per every two persons employed at any one time with no fewer than two employee spaces.

Barber and beauty shops: three per each barber/beautician.

Business services: one per 300 square feet gross floor area.

Car wash: one per employee.

(g)

Child day-care center: four per classroom, plus one per employee.

(h)

Conference or convention rooms, halls or centers: one per four seats.

(i)

Financial institution: one per 300 square feet gross floor area.

(j)

Hotel/motel: one per room, plus one for every two employees (based upon full employment), plus any and all separate requirements for all ancillary uses.

(k)

Laundromats: one per each two washing machines.

(l)

Nightclubs, bars, taverns and cocktail lounges: one per three seats.

(m)

Offices, all types:

Up to 99,999 square feet gross floor area: one per 300 square feet gross floor area.

One hundred thousand or more square feet gross floor area: three per each additional 1,000 square feet gross floor area or fraction thereof over 99,999 square feet gross floor area.

(n)

Personal services (other than beauty salons/barbershops): one per 300 square feet gross floor area.

(o)

Restaurant.

Fast-food drive-in: one per 30 square feet gross floor area.

Carry-out: one per 200 square feet gross floor area plus one per employee.

All others: one per 100 square feet gross floor area.

(p)

Retail store: one per 250 square feet gross floor area.

(q)

Theater.

In a shopping center: one per four seats.

All others: one per three seats.

(r)

All other commercial uses, including shopping centers:

Up to 400,000 square feet: four per 1,000 square feet gross floor area.

Four hundred thousand to 599,999 square feet: 4 1/2 per 1,000 square feet gross leasable area.

Six hundred thousand square feet or more: five per 1,000 square feet gross leasable area.

Recreation and entertainment uses.

Art or music studio: one per 300 square feet gross floor area.

Auditoriums, sports arenas and stadiums: one per four seats.

Bowling alley: four per bowling lane.

Dance halls and skating rinks: one per 100 square feet of net floor area used for the activity, plus one per three employees.

Marinas: one per boat slip.

Miniature golf: two per hole, plus one per employee.

(g)

Private clubs and lodges: one per 10 members.

(h)

Swimming pools: one per 10 persons of capacity.

(i)

Tennis/racquet facilities: two per court, plus one per employee, plus one per 100 square feet of other activity area.

Institutional uses.

Church: one per eight seats.

Colleges and universities: one per three employees, plus one per five students; based on maximum employment and student enrollment.

Hospitals and nursing or convalescent homes: one per two employees, plus one per three beds.

Library or museum: one per 300 square feet gross floor area.

Medical or dental center or clinic: one per 250 square feet gross floor area.

Schools (by grades). Elementary (K to 5): two per classroom, but not less than one per teacher and staff; intermediate (6 to 8): 1 1/2 per classroom, but not less than one per teacher and staff; secondary (9 to 12): 2 1/2 per classroom, but not less than one per teacher and staff.

(g)

Business, technical and trade schools. The lesser of one per two students, plus one per teacher and staff or one per 300 square feet gross floor area.

Industrial and mixed uses.

Research and development: one per 1,000 square feet gross floor area.

Shipping, receiving, distribution, storage or warehousing: one per 5,000 square feet gross floor area.

Ancillary office uses: one per 800 square feet gross floor area.

All other industrial uses not otherwise herein listed: one per 2,000 square feet gross floor area.

Any unit or fraction of a unit above the unit(s) indicated shall count as a full additional unit and shall require the expressed number of additional space(s).

Any reference to membership or employment shall be interpreted as a reference to 100% of the membership or potential employment.

All off-street parking requirements outlined herein may be reduced by up to 25%, provided that the site is situated within 650 feet walking distance of a permanent mass transit system's pickup point or stop.

(9)

Any use which is a composite of several uses shall be broken down into its composite parts and shall meet the off-street parking requirement for the sum of all of its separate parts.

Required minimum number of off-street stacking spaces for drive-in services. In addition to the off-street parking requirements outlined in Subsection D, the minimum number of required off-street temporary vehicle stacking spaces (nine feet by 19 feet) per unit for businesses offering drive-in services or pickup windows shall be as follows:

Automotive service stations. Two per each thirty-foot segment on each side of each pump island or two per each side of each pump, whichever is the greater number.

Car wash. Self-service facilities: three per stall; and all others, six per entrance.

Financial institutions, Including stand-alone ATMs. Four per each window and/or ATM.

All other commercial uses. Five per window, and any such use which also requires a separate stopping point from which orders are placed shall also be required to provide not fewer than three additional spaces for each such stopping point.

Parking area designs.

Approved curbing shall be provided along the perimeter of all off-street parking areas to contain and control vehicular traffic, direct surface drainage, and control erosion. Curbing may be eliminated or interrupted in approved areas to facilitate stormwater management design.

Uniform painted line marking shall be provided and maintained to separate parking stalls and where need to direct traffic flow.

Parking lot gradients shall not exceed a five-percent cross slope and a seven-percent longitudinal slope.

The following curb-to-curb (a) parking area widths and aisle (b) widths shall be the minimum requirements in any "double-wide" (parking on both sides of an aisle) parking area:

Ninety-degree parking: a = 60 feet and b = 22 feet.

Sixty-degree parking: a = 54 feet and b = 20 feet.

Forty-five degree parking: a = 49 feet and b = 17 feet, one-way only.

Thirty-degree parking: a = 46 feet and b = 16 feet, one-way only.

All off-street parking areas shall be paved and maintained with an impervious bituminous or concrete surface; except, however, that Council may, upon receipt of a written request from a prospective developer, grant a temporary waiver of this requirement for a fixed term, not to exceed 10 years, in conjunction with Council's review and approval of a proposed phased development plan, only where Council determines any such waiver to be consistent with this chapter's statement of purpose and the promotion of the community's best interest.

Parking areas shall be designed in such a way as to avoid the necessity of vehicles backing onto the street right-of-way in order to exit.

Handicapped parking. Parking facilities serving buildings and/or facilities which are required to be accessible to the physically handicapped shall have conveniently located designated spaces as follows:

Up to 100 spaces: one space per 25 parking spaces or fraction thereof.

One hundred and one to 200 spaces: four spaces, plus one space per 50 parking spaces or fraction thereof for spaces over 100.

More than 200 spaces: six spaces, plus one space per each 100 parking spaces or fraction thereof for spaces over 200.

§ 440-28 Off-street loading regulations.

Off-street loading spaces accessory to uses permitted in the various use districts shall be designed in accordance with the following regulations and other applicable provisions of this chapter.

General provisions.

Location.

All proposed loading spaces shall be located on the same lot as the use served.

No loading spaces for vehicles over two tons' capacity shall be closer than 30 feet to a residential district or use unless completely enclosed by building walls or by an approved and uniformly painted wall and/or fence not less than six feet in height.

No loading space shall be located within 30 feet of the nearest point of intersection of any two streets.

No loading space shall be located in a required front yard, a transitional (buffer) yard or required open space area.

Any loading space located in a required rear yard or side yard may be covered only by a well-maintained weatherproof covering.

Size. Unless otherwise specified, a loading space shall be at least 65 feet long and 12 feet wide and shall have an area of at least 780 square feet, not including access drives, aisles or required maneuvering space.

Access. Each off-street loading space shall be designed with appropriate means of vehicular access to a street in a manner which will least interfere with pedestrian and vehicular traffic.

Surfacing. All drives and loading spaces shall be paved and maintained with an impervious bituminous or concrete surface.

Repair and service. Vehicle repair and/or service work shall not be performed and is not permitted in any required loading space in any district.

Specific provisions.

Space allocated to off-street loading or access to off-street loading spaces shall not be used to satisfy the minimum requirements under this chapter for off-street parking.

All required off-street loading spaces shall have access and maneuvering space adequate to ensure that any vehicle leaving the loading area shall be traveling in a forward direction onto any dedicated public street or across any public sidewalk.

Business or industrial uses with a floor area of at least 5,000 square feet gross floor area shall be required to have one off-street loading space plus one additional space for each additional 40,000 square feet of floor area over the first 40,000 square feet of floor area.

Business or industrial uses having less than 5,000 square feet gross floor area shall provide for adequate loading facilities by way of an approved adjacent service drive, street or alley.

§ 440-29 Lot and yard regulations and exceptions.

[Amended 8-19-1998 by Ord. No. 1431; 6-16-1999 by Ord. No. 1448; 10-15-1999 by Ord. No. 1452]

Maintenance of minimum standards.

Any lot shall meet the minimum bulk, area and dimension requirements established for the use to which it is to be put and the zoning district in which it is situated.

The maintenance of required minimum standards for yards, open space and lot areas shall be a continuing obligation of the property owner(s).

No required minimum yard, open space or lot area may, for any reason, be used to satisfy the yard, open space, or lot area requirements for any other use or structure.

Any lot or portion thereof once designated as all or any portion of a required yard or as all or any portion of the required lot area in compliance with the lot area, yard or dimension requirements of this chapter shall not be sold at any time thereafter as a separate lot.

Any lot or portion thereof recorded or reserved as a right-of way or thoroughfare shall not thereafter be used in satisfying any lot area, yard or dimension requirement of this chapter.

No required off-street parking area or other space may be reduced in area or dimension if such reduction has the effect of reducing the number or size of the area below the minimum standards required by this chapter.

Any existing lot, yard, parking area, or other space which is already less than the required minimum established under this chapter shall not be further reduced.

Nothing in this section shall be interpreted to limit the powers of the Board in granting variances under the provisions of this chapter.

Division of zoning lots. No lot may hereafter be subdivided into two or more zoning lots and no portion of any zoning lot shall be sold unless all zoning lots resulting from each subdivision or sale shall meet all of the bulk and area regulations of the district in which the property is situated, as well as the requirements of Chapter 389, Subdivision and Land Development.

Location of required open space. All required yards and other open space shall be located on the same zoning lot as the structure or structures that constitute the principal use upon which the requirement is based.

Permitted obstructions in required yards. The following shall be considered permitted obstructions when located in the specified required yards.

In required yards (all districts): recreation equipment, flagpoles, window awnings, permitted open off-street parking space, outdoor lampposts, one-story bay windows, cantilever floors, overhanging eaves and gutters projecting 18 inches or less into the yard.

In required front yards (all districts):

Trees which are located at least five feet from any public right-of-way line, and provided that any tree located within 20 feet of any public right-of-way line shall have its lower branches trimmed and maintained at a height of at least eight feet above ground level.

Shrubs or hedges located more than 10 feet from any side yard line and more than 20 feet from any public street right-of-way line to any height, provided they are properly trimmed and maintained.

Shrubs located within 20 feet of any public street right-of-way shall be trimmed and maintained at a height not to exceed 2 1/2 feet above the grade of the abutting sidewalk or street center line.

Open porches which are not more than one story or 14 feet, whichever is the lower height, and which extend not more than eight feet into the required front yard, provided that no such porch shall be located closer to the side lot line than the distance established for the principal structure as the required side yard setback.

Enclosed vestibules or porches not exceeding 25 square feet in area and not projecting more than five feet into the required front yard.

Signs, as permitted and restricted elsewhere in this chapter.

In any residential district only:

In any front yard or side yard, hedges and shrubs located within 10 feet of any lot line may not exceed four feet in height.

In any front yard, hedges and shrubs located more than 10 feet from any lot line and more than 20 feet from any public right-of-way line shall have no height limitation.

In any front yard, walls and fences may not exceed four feet in height at any location and shall be at least 80% open to light and air, except for retaining walls which have a side height within six inches of the finished grade. All posts, braces and supports for walls and fences must be placed on the interior side of the wall or fence so that the finished side is facing the exterior.

In any side yard, hedges, shrubs and walls and fence may not exceed four feet in height at any location.

In any rear yard, hedges and shrubs located within 10 feet of any side or rear property line and walls and fences at any location may not exceed six feet in height.

In any rear yard, hedges and shrubs located 10 feet or more from any side or rear property line shall have no height limitation, provided that they are trimmed and maintained.

In any commercial district only:

In any front yard, shrubs and hedges, walls and fences may not exceed four feet in height at any location; except that, in the B-2 District only, security fencing not exceeding 10 feet in height may be permitted, subject to review and approval by the Commission prior to construction.

In any side or rear yard, shrubs and hedges located more than 10 feet from any side or rear lot line have no height limitation, provided that they are trimmed and maintained.

In any side or rear yard, security fencing may be permitted to a height not exceeding 10 feet, subject to review and approval by the Commission prior to construction.

In any industrial or mixed-use district only:

In any front or side yard, shrubs and hedges may not exceed six feet in height at any location.

In any front, side or rear yard, security fencing may be permitted to a height not exceeding 10 feet, subject to review and approval by the Commission prior to construction.

Outdoor storage. In addition to regulations established elsewhere in this chapter, permitted principal uses may utilize property for ancillary outdoor storage in compliance with the following performance standards:

All proposed outdoor storage must be completely screened from view from surrounding property. Screening must be in the form of an opaque fence or solid wall (commercial, industrial and mixed-use districts only), which has been approved by the Commission.

Outdoor storage shall not be permitted in any required front yard or in any required open space area in any yard in any district.

Fencing must meet all bulk and area regulations of this chapter.

The Commission may impose such other requirements as it may deem necessary to protect adjacent properties and/or to control aesthetics.

These standards shall not apply to incidental sales (yard or garage sales) in residential districts. Such incidental sales are subject to the approval of the Zoning Officer, providing they do not interfere with pedestrian or vehicular traffic or otherwise present a detriment to adjacent property.

Prohibited obstructions. In all use districts, the accumulation or storage of waste, garbage, rubbish, refuse, used or secondhand materials, scrap materials, scrap metals, inoperable or dismantled vehicles, paper, rags, tires and construction materials are prohibited; except that construction materials may be permitted on a temporary basis only where such materials are being immediately used in the construction of an approved use or structure on the same zoning lot.

Height exceptions. Chimneys, flues, stacks, fire escapes, elevator penthouses, ventilators, skylights, standpipes, conveyors, silos, elevated water tanks, church spires, belfry towers, flagpoles, cupolas, electronic emission or reception towers and/or antennas for radio, telephone, cellular telephone or television transmissions and/or other unique design or maintenance features which are not intended for human habitation may exceed the height limitations of the district in which they are situated, provided that the less restrictive of Subsection F(1) or (2) below is met:

The height limitations of the district in which the structure is situated shall not be exceeded by more than 15 feet.

The total height of the structure shall not exceed a dimension equal to or less than the horizontal distance between the base of the structure nearest the feature and the nearest lot line or street right-of-way line.

Projections into required yards. All structures, whether open or enclosed, including porches, canopies, balconies, platforms, garages, carports, covered patios and similar architectural design features, above the normal grade shall not project into any minimum required front, side or rear yard; except that the following encroachments shall be permitted:

Bay windows, window sills, eaves, buttresses, chimneys, cornices, piers, pilasters and other similar architectural features, provided that any such feature shall not project more than two feet into any required yard.

Balconies, open aboveground patio decks or other platforms, open fire escapes and/or access steps to a structure.

An open or enclosed porch only may be extended from the principal structure into a required side or rear yard only in any residential district, provided that any such feature shall be:

Not more than 10 feet in height.

Not closer than three feet to any side lot line and not closer than 10 feet to any rear lot line.

Fence and wall restrictions, front yards. In any required front yard:

No fence or wall shall be permitted which materially impedes vision across any such yard above the height of 2 1/2 feet.

No hedge or other vegetation or planting(s) shall be permitted which materially impedes vision across such yard between the height of 2 1/2 feet and 10 feet.

Yard requirements, nonresidential uses abutting residential districts.

In any district other than a residential district, nonresidential buildings and uses shall not be located or conducted closer than 40 feet to any side or rear lot line of a lot situated within a residential district.

This minimum buffer yard distance requirement may be reduced to 20 feet, provided that the buffer yard is completely landscaped or screened in accordance with an approved landscaping plan.

Screening materials may include a masonry wall or solid fence between four feet and six feet in height, which shall be maintained throughout the entire term of the nonresidential use and shall be kept free of all signs and graffiti.

Landscaping may be provided in lieu of any such wall or fence, provided that any such landscaping shall consist of dense evergreen plantings which are not less than four feet in height at the time of planting and which are trimmed and maintained throughout the term of the nonresidential use.

No wall, fence or landscaping shall in any way impede visibility for vehicular traffic, as may be regulated elsewhere under this chapter.

§ 440-30 Access.

All lots shall have direct frontage on either a dedicated public street or an approved private street and shall have dimensions which meet or exceed those established by this chapter.

§ 440-31 Construction in easements.

Easements for the installation, operation and/or maintenance of essential services shall be reserved as indicated on each plat when recorded or otherwise established. Within these easements, no structure shall be located, placed or permitted which may damage or interfere with the installation, operation and/or maintenance of any utility or which may change the normal direction of flow of any drainagecourse, channel or facility within said easement. The easement area of each lot and any improvements situated within said easement shall be maintained continuously by the owner of the lot, except for those secured structures or improvements for which a public authority or utility is clearly responsible.

§ 440-32 Refuse collection areas.

[Amended 12-29-1997 by Ord. No. 1420; 11-18-1998 by Ord. No. 1434]

All storage area provided by commercial, industrial, mixed use and multifamily residential developments for the temporary storage of trash, garbage or other refuse shall be located in an alley or service road where one exists, or at an approved location elsewhere upon the lot. All refuse storage areas shall be enclosed by an approved solid wall or fence which is at least four feet, but not more than six feet in height, unless said area is contained entirely within an enclosed structure. In addition, any such area shall be landscaped. The details for this landscaping shall be included in the development's "landscaping plan." Provisions shall be made for adequate vehicular access to any such storage area. The following requirements shall also be met:

The storage of hazardous or toxic materials or wastes shall not be permitted without the documented approval of the DEP.

Materials or wastes which might cause fumes or dust or otherwise constitute a fire hazard or which may attract vermin shall be stored only in closed and tightly sealed containers constructed of impervious materials.

Storage areas in any residential districts shall utilize such additional screening as may be required under this chapter.

§ 440-33 Unlicensed or inoperable vehicles.

No unlicensed, unregistered, inoperative or partially dismantled vehicle, trailer, accessory vehicle or vehicle part of any type shall be parked, stored or otherwise maintained upon any public or private property for any period of time in any district, except as follows:

Entirely within an enclosed and secured garage or other approved, completely enclosed, and secured structure.

Temporarily at an approved location upon the premises of any approved:

Automotive, mobile home, boat, camper or trailer sales or repair business or parts store (parts only).

Automotive service station, garage or repair establishment.

Fenced and secured automotive salvage, wrecking or junkyard.

Vehicle impounding yard.

§ 440-34 Accessory structures.

No permanent accessory structure shall be constructed on any lot prior to the construction of the principal structure to which it is accessory.

§ 440-35 Sidewalks.

Public sidewalks.

Public sidewalks are required and shall be installed by the developer for all developments regardless of the district in which the development is situated.

Public sidewalks shall be installed on both sides of the street along the entire perimeter of the development site which abuts dedicated public street rights-of-way.

The Commission may grant a temporary sidewalk waiver for any development. The Commission may only grant any such waiver until sidewalks are constructed on adjacent properties or adjacent properties have been developed or redeveloped, and further provided that the applicant has demonstrated just cause and posted an appropriate performance bond.

The Commission may grant a permanent sidewalk waiver for any industrial development only. The Commission may grant such a waiver for one or both sides of the street, depending upon the Commission's evaluation of current and projected pedestrian needs.

Private walkways. For all developments other than single- or two-family developments, walkways shall be installed and maintained along at least one side of all off-street parking areas, entrance driveways and private roadways, providing for safe, pleasant and efficient pedestrian passage and circulation between parking stalls and entrances to structures.

Handicapped access. At least one means of access to all public and commercial buildings shall be provided to accommodate handicapped individuals. Ramp gradient, railings and surface materials and maintenance shall comply with applicable requirements of the Pennsylvania Department of Labor and Industry.

Public sidewalk standards. Public sidewalks and curbing in any public right-of-way are to be constructed in accordance with standards established in the Munhall Standards for Construction.

Private walkway standards. Private walkways shall be constructed of concrete, precast blocks, terrazzo (textured surface only), brick, flagstone, rubblestone, blackstone or other Borough-approved material(s).

§ 440-36 Driveways and private roadways.

[Amended 2-17-1999 by Ord. No. 1442]

Location and design. The location and design of private entrance, service and delivery driveways and/or roadways shall be in accordance with the Pennsylvania Department of Transportation guidelines for design of local roads and streets, the Munhall Standards for Construction and other applicable standards as may be established by the Borough.

Curbing. Public curbing shall be constructed of concrete and shall be installed in accordance with the Munhall Standards for Construction in the public right-of-way along the sides of public roads as required to contain vehicular traffic, protect pedestrians and reduce maintenance of adjacent seeded or planted areas. Curbing may be eliminated or interrupted in approved areas to facilitate stormwater management design.

Roadway markings. Center-line markings and lane-divider markings on all public and/or private roads, driveways and roadways shall be installed to guide and control vehicular traffic flow.

Parking markings. Line markings shall be installed to define and control parallel and angle parking on all public or private roads, roadways, parking lots and driveways.

Paving surfaces. All public and private roads, roadways, parking lots and driveway surfaces shall be paved with concrete or approved bituminous material.

Number of permitted driveways.

Any lot or building site which has frontage on a dedicated public street(s) or an approved and improved private street(s) shall be:

Permitted to have one curb cut for a driveway or private roadway which provides access to the lot or site.

Permitted to have one additional curb cut for each additional 150 feet of frontage or fraction thereof in excess of the first 150 feet of frontage.

Where any such lot or building site has frontage on more than one street, this standard shall be applied on a cumulative basis, rather than for each street separately on an individual or stand-alone basis.

Distance from intersections. The distance separating any driveway or private roadway on a dedicated public street or an approved and improved private street from the nearest intersection of a second dedicated public or approved private street shall be not less than 40 feet; except that, for driveways or private roadways leading to approved off-street loading or docking area or facility, this distance shall be not less than 50 feet. Any such setback distance shall be measured between:

The point where the radius for the intersecting street begins on the curb for the street upon which the lot has frontage.

The point on the same curb where the nearest edge of the proposed curb cut is to begin.

Minimum distance between driveways. The minimum distance separating two driveways and/or private roadways situated on the same side of the same street shall be 30 feet, except that, where either or both of these driveways/roadways lead to an off-street loading or docking area, this minimum distance shall be 70 feet. In any R-1 or R-2 District, this distance shall be measured between the two points where the right-of-way line intersects each driveway's center line. In all other districts, this distance shall be measured between the points where the right-of-way line intersects the nearest finished edge of each driveway.

Maximum grade. The maximum grade within any public street right-of-way for any driveway or private roadway shall be 8%.

Curb cut dimensions. The following standards shall apply:

Districts	Type	Minimum (feet)	Maximum (feet)
R-1 and R-2	All	9	24
All other districts*	One-way	12	30
	Two-way	24	30
	Divided**	30	36

	NOTES:
	*	These requirements may be modified or waived by Council for any industrial or mixed-use development in conjunction with Council's review and approval of a proposed land development plan or subdivision, where Council considers said waiver or modification to be consistent with the intent, purposes and objectives, outlined under Article I, §§ 440-1, 440-2, 440-3 and 440-4 of this chapter.
	**	Divided driveways shall not be permitted on lots with less than 150 feet of frontage and shall be required to include a landscaped median strip which is at least six feet in width.

Minimum distance from side lot line(s). A curb cut may be situated no closer than:

Three feet from any side or rear lot line which separates two residential uses in any district.

Five feet from any side or rear lot line which separates a residential use in any district from a nonresidential use in any district.

Five feet from any side or rear lot which separates two or more nonresidential uses in any district.

Flare. Between its point of intersection with the cartway (curb) and its point of intersection with the right-of-way line, the finished edge of any driveway shall either follow along a radius of five or more feet or otherwise gradually flared. In any residential or commercial district, the width of the driveway at the curbline shall not exceed a ratio of 1 1/2 times its width measured at the right-of-way line. In any industrial or mixed-use district, the width of the driveway at the curbline may vary but shall generally not exceed a ratio of two times its width measured at the right-of-way line.

§ 440-37 Excavating, grading and site preparations.

Grading statutes. All grading shall conform to all applicable federal, state and local statutes.

Grading plan. No changes shall be made in the contour of the land, no grading, excavation, removal or destruction of the topsoil, trees or other vegetative coverage of the land shall be commenced until such time as a plan for minimizing erosion and sedimentation has been filed with, reviewed by, and approved by the Borough or the Borough has determined that such plans are not necessary. Measures used to control erosion and reduce sedimentation shall, as a minimum, meet the standards and specifications of the Allegheny County Conservation District and the Borough Engineer and shall ensure compliance with the appropriate specifications, copies of which are available from the Conservation District. The following shall be considered in the development and review of the plan referenced above:

Stripping of vegetation, regrading or other development shall be done in such a way so as to minimize erosion.

Development plans shall preserve salient natural features, keep cut/fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.

Whenever feasible, natural vegetation shall be retained, protected and supplemented.

The disturbed area and the duration of soil exposure shall be kept to a practical minimum.

Disturbed soils shall be stabilized as quickly as practicable.

Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.

The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.

Provisions shall be made to effectively control runoff caused by changed soil and surface conditions before, during and after construction. Where necessary, the rate of surface water runoff shall be structurally retarded.

Sedimentation. Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the property owner to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his/her expense as quickly as possible.

Maintenance. Maintenance of all public roads, streets, parking areas, drainage facilities and watercourses within any land development shall be the responsibility of the property owner until these improvements have been formally accepted by the Borough.

Watercourse maintenance. It is the responsibility of any person, corporation or other entity performing any act on or across a communal stream, watercourse or swale, or upon the floodplain or right-of-way thereof, to maintain as nearly as possible in its present state the stream, watercourse, swale, floodplain or right-of-way during the pendency of the activity, and to return it to its original or equal condition after such activity is completed.

Maintenance of drainagecourses. Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.

Communal stream blockages. No person, corporation or other entity shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the Borough or Pennsylvania Department of Environmental Protection.

§ 440-38 Vegetation preservation.

Vegetation preservation regulations. No removal of trees, shrubbery, foliage, grass or other natural growth shall be permitted, except in compliance with the provisions of this article.

Clear-cutting prohibited.

The cutting of trees and clearing of vegetation for the sole purpose of clearing land, not incidental to imminent development, is prohibited.

In any district or use, no person shall cut, destroy, cause to be destroyed, move or remove six or more trees with a trunk diameter of six inches or more measured three feet from the ground without first obtaining written permission from the Zoning Officer.

The following requirements shall be met before permission is granted:

The applicant shall be the owner of the property or an authorized agent of the owner.

The applicant shall show that the proposed removal of natural growth is necessary for imminent development of the property, for agricultural purposes or to improve the utility, appearance or safety of the property.

Adequate provision for the disposition of increased surface water drainage shall be shown to be provided. Such additional surface water drainage shall be controlled so as to prevent any increased and undue burden on adjacent streets, public or private property.

As a condition for approval of the removal of vegetation, the Zoning Officer may require that suitable replacement trees be planted elsewhere on the site.

Land development. No alteration of vegetation incidental to development shall be undertaken except in compliance with this chapter.

§ 440-39 Landscaping requirements.

[Amended 9-17-1997 by Ord. No. 1414; 12-29-1997 by Ord. No. 1420]

General. All districts:

Plantings shall complement and accentuate the best feature(s) of the building(s) and site.

Plantings shall provide essential shade, effective cooling, sound and light control by screening and traffic control when required.

Planting shall be organized to minimize maintenance by:

Selecting hedge and screen plants which tolerate trimming and shaping.

Installing fences and screens located at the edge of paving, placed at least six inches inside outer edge of paving.

Treating major slope areas with an attractive, perennial, low-maintenance ground cover.

Complying with Chapter 243, Grading and Excavating.

All front and side yard areas shall be seeded or sodded.

Ground cover shall normally consist of the following materials: seed, sod, derivative organic material, or an approved perennial alternative. Small rocks or gravel ground cover shall not be permitted. Large rocks, subject to approval, may be used to accentuate a landscape feature or as a part of an oriental garden.

All required deciduous trees shall be a minimum of two inches in caliper measured at a point one foot above the ground, and all required evergreen trees shall be a minimum of 2 1/2 inches in caliper measured at a point one foot above the ground. All trees shall be at least 4 1/2 feet in height and shall be supported by anchored guy wires.

All required evergreen trees shall be a minimum of 2 1/2 inches in caliper measured at a point one foot above the ground, at least 6 1/2 feet in height, and supported by anchored guy wires.

The Commission may impose landscaping requirements in addition to those outlined herein to provide for additional erosion control, buffer areas or screening.

(9)

It shall be the responsibility of the owner/applicant to assure the continued growth and maintenance of all required landscaping and/or, in the event of frost, vandalism or other reasons for discounted growth, to replace the same, consistent with the Borough-approved landscaping plan.

(10)

All proposed multifamily residential, commercial, mixed-use and industrial developments or uses shall require a submission by the prospective developer and review and approval by the Commission of a landscaping plan for the development which has been drafted by a certified or licensed landscape architect or recognized commercial horticultural landscaper and which shall be drawn to scale, indicating the type or variety and size of the proposed plantings and ground cover.

Residential districts. In addition to the general landscaping requirements:

In all residential developments, at least one deciduous tree per dwelling unit shall be required, planted and maintained.

In all multifamily developments, one evergreen tree per each 10 lineal feet or fraction thereof of side and/or rear yard abutting any one- or two-family residential district or use shall be required.

In all multifamily developments, at least 25% of the total gross square footage of the site shall be retained as landscaped and improved open space, details of which shall be included in the proposed landscaping plan for the development.

In addition, all off-street parking areas for proposed multifamily developments shall be separated from any street right-of-way by a five-foot-wide landscaped buffer strip, which shall be situated not closer than three feet to any street right-of-way line, retained as additional open space, details of which shall also be included in the proposed landscaping plan for the development.

Up to 20% of the basic landscaping requirement under Subsection B(3) may be used to subdivide parking areas with landscaped islands.

Commercial and industrial. In addition to the general landscaping requirements:

At least one deciduous tree for each 5,000 square feet gross floor area for commercial developments and 10,000 square feet gross floor area for industrial developments shall be required.

All transitional side and/or rear yards which separate commercial, mixed or industrial uses from residential uses or districts shall require the installation of a densely planted landscaped buffer strip (at least five feet in width) and a hedge, decorative masonry wall, landscaped mound or other durable landscape barrier which is at least four feet in height and shall consist of at least one deciduous tree for each 2,000 square feet of paved area and one evergreen tree for each five-foot length of side and/or rear yard separating the uses or districts.

The required hedge, wall, mound or barrier shall be installed in such a manner so as to effectively screen the commercial, mixed and/or industrial use(s) from the adjacent residential uses or district(s).

For each 10 linear feet of any such buffer strip, the equivalent of two shrubs and one deciduous or evergreen tree shall be planted and maintained.

The remainder of any such buffer shall be improved with grass, ground cover, shrubs or other approved landscaping materials.

The maximum height for any such barrier in a required front yard shall be four feet.

The minimum height for any such barrier in a required side or rear yard shall be 5 1/2 feet.

Any such buffer strip and/or barrier shall be permanently maintained in good condition, trimmed and kept free of advertising, signs (except approved directional signs) and graffiti.

In any commercial or mixed-use development which is less than an acre in size, at least 10% of the site's total gross square footage shall be retained as landscaped and improved open space, details of which shall be included in the development's proposed landscaping plan.

In any commercial or mixed-use development which is one or more acres in size, at least 15% of the site's total gross square footage shall be retained as landscaped and improved open space, details of which shall be included in the development's proposed landscaping plan.

In all industrial developments of less than one acre in size, at least 5% of the site's total gross square footage shall be retained as landscaped and improved open space, details of which shall be included in the development's landscaping plan.

In addition, all off-street parking areas for commercial, mixed-use and/or industrial developments shall be separated from any public street right-of-way or from any approved private street right-of-way by an approved landscaped buffer strip which is at least eight feet in width and from any side or rear lot line by an approved landscaped buffer strip which is at least five feet in width. Any such landscaped buffer shall be maintained in perpetuity as addition open space; the design detail of which shall also be included in the development's landscaping plan.

In addition, any commercial, mixed-use and/or industrial off-street parking area which contains 30 or more parking spaces shall be divided with landscaped planting strips which are at least three feet in width and have an area of at least 57 square feet, with at least one such strip for every 30 parking spaces or any fraction thereof, unless alternative plans have been approved by the Commission. Each strip shall include at least one deciduous or evergreen tree and complementary ground cover.

In addition, any proposed commercial, mixed-use and/or industrial development which is five or more acres in area shall include the following:

At least one deciduous or evergreen tree for every five parking spaces or fraction thereof, with at least 50% of the required tree plantings integrated within driveway, parking and/or service areas.

In the case of parking areas which abut a thoroughfare right-of-way, at least one deciduous or evergreen tree for each 30 lineal feet or fraction thereof of perimeter abutting the right-of-way.

Conditional uses and uses by special exception. Additional landscaping requirements may be imposed for conditional uses or uses by special exception in accordance with the specific conditions outlined for the use elsewhere under this chapter.

§ 440-40 Special recreation and open space requirements.

Special. Certain types of development shall require special open space and recreational amenities above and beyond the front, side, rear and bulk area requirements otherwise specified by this chapter. Developers of the following uses shall provide additional amenities to address these special needs:

All multifamily residential developments in excess of 20 dwelling units.

All senior citizen housing.

All public and institutional development.

Commercial development in excess of 125,000 square feet of floor area.

Recreation and open space development schedule. The uses listed under Subsection A of this section shall minimally provide for and include an additional 5% of the gross site area which shall be developed as recreational space and/or improved/landscaped open space.

Location. Recreational facilities required under this section shall be located so as not to be detrimental to adjacent property owners by virtue of noise, light, glare or any other objectionable features emanating therefrom.

Designation. All private recreational areas should be accompanied by a brief narrative which outlines the proposed financing plan for development, ongoing maintenance, and upkeep.

§ 440-41 Lighting regulations.

[Amended 12-29-1997 by Ord. No. 1420]

Sidewalks and walkways. All public and private sidewalks, pedestrian walkways, steps and grade changes shall be suitably lighted at all times. Detail of proposed lighting fixtures and supports, and the location thereof, shall be submitted as part of the building permit application.

Off-street parking areas. All off-street parking areas shall be lighted, with said lighting arranged so as to reflect the light away from all abutting properties. Floodlights projected from buildings shall not be approved unless design specifications are submitted demonstrating that glare will not present a traffic problem or a nuisance to adjacent properties.

Underground wiring. All lighting fixtures are to be installed with underground wiring.

Maximum height. The maximum height of all outdoor lighting fixtures for any residential, commercial, mixed or industrial use in any district shall be 28 feet.

Fixture design. In the RDD only, all outdoor lighting fixtures for any commercial or mixed use shall be similar in design and subject to approval in advance by the Commission.

§ 440-42 Utility regulations.

All utility (electric, telephone, cable TV, etc.) service for new structures and new subdivisions shall be underground. In any industrial district or in any new commercial or multifamily development only, the Planning Commission may waive this requirement for electrical service only.

§ 440-43 Noise regulations.

Every use shall be operated so that noise shall be so muffled or otherwise controlled as not to become objectionable as a result of intermittence, beat frequency, impulse character (hammering, etc.), periodic character (humming, screeching, etc.), or shrillness.

§ 440-44 Vibration regulations.

Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at property boundaries.

§ 440-45 Air pollution regulations.

No emission which violates the air pollution control regulations established under Article XX of the Allegheny County Health Department's Rules and Regulations shall be permitted.

§ 440-46 Heat, glare, radiation and fumes regulations.

Every use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation or fumes beyond the property boundaries.

§ 440-47 Odor regulations.

No use shall emit an offensive odor as to be detectable from beyond property boundaries.

§ 440-48 Government regulations.

All land uses shall be governed by applicable local, state, and federal regulations regarding the above activities as as other activities (e.g., waste treatment and disposal, fire regulations, etc.).

§ 440-49 Temporary uses.

Permitted uses and performance standards. The following temporary uses may be permitted, subject to the specific regulations and time limits as indicated:

Temporary real estate sales offices. Any such use shall contain no living accommodations, shall require the issuance of a certificate of occupancy (use), and may be permitted for any new subdivision which is 10 acres or more in area for a period not to exceed 12 consecutive calendar months; except that, in addition, not more than two extensions for periods of up to six months each in length may be granted if, in the judgment of the Zoning Officer, conditions warrant the extension.

Temporary buildings, offices, equipment and storage facilities. Any such use which may be required in conjunction with an approved construction activity or project shall require the issuance of a certificate of occupancy (use) and may be permitted for a period not to exceed 12 consecutive calendar months; except that an unlimited number of six-month extensions may be granted where, in the judgment of the Zoning Officer, construction is substantially underway and progress is being made.

Temporary sales and services. Any such use shall be limited to the sale of flowers, plants, arts and crafts, farm produce, or similar perishable items, shall require the issuance of a certificate of occupancy (use), and may be permitted for any private for-profit or nonprofit individual or organization. Any application for such a certificate shall be accompanied by a valid vendor's license if the proposed use is for-profit and a written statement from the property owner granting permission for the proposed use. Any such certificate:

Shall be valid for a period not to exceed four consecutive calendar days.

May only be issued up to three separate times within any twelve-consecutive-calendar-month period to:

Any individual or organization for use anywhere in the Borough.

For any particular zoning lot, regardless of whether or not the lot would be used for the same proposed temporary use.

May only be issued where the proposed use encroaches upon not more than 25% of any required off-street parking area.

Garage sales, yard sales and similar activities. May be permitted in any district in which dwellings are a permitted use.

Any individual or family may:

Conduct not more than two such sales within any twelve-consecutive-calendar-month period.

Conduct any such sale only upon the property upon which he resides.

Conduct any such sale for a period not to exceed three consecutive days, and then only between the hours of 8:00 a.m. and 8:00 p.m.

As long as the provisions of this chapter pertaining to such a sale, signage and off-street parking are met, a certificate of occupancy (use) shall not be required.

Where more than one residence participates in any such sale at one location, the activity shall be considered a group sale and, as such, shall require the issuance of a certificate of occupancy (use).

Procedures and conditions for approval of a temporary use. The temporary uses outlined herein may be approved by the Zoning Officer through the issuance of a temporary certificate of occupancy (use), provided the following conditions are met:

Application form. The property owner must complete a written application form provided by the Borough, together with a nonrefundable application fee in an amount equal to that required normally for a certificate of occupancy (use), at least seven calendar days prior to the proposed use. Said application shall contain a complete description of the proposed use, location, off-street parking and available sanitary facilities. Upon issuance, the certificate shall be displayed prominently on site at all times throughout the term of the temporary use.

Definition. The proposed use must be temporary in nature, rather than permanent or protracted. Temporary use permits may be renewed, provided a new application is made consistent with the other requirements of this section.

Renewals or extensions. The temporary certificate of occupancy (use) may be renewed or extended in the following manner:

An application and an additional nonrefundable fee are refiled by the applicant.

The Zoning Officer shall submit a recommendation to each member of the Board.

If any member of the Board wishes to object to the renewal or extension, he/she must do so in writing within seven days of the date of issuance of the notice. If a proper challenge is made, the matter shall come before the full Board for approval. If no challenge is made by a member of the Board, the renewal or extension may be approved by the Zoning Officer.

In no event may a temporary use be extended for a period in excess of twice the original term of the previously approved temporary use.

Criteria. The applicant shall provide evidence to the Borough that the proposed use will not create a public nuisance, that sufficient off-street parking and loading spaces are available, and that safe and efficient traffic movement is not impaired.

Maintenance of the site. Applicants are responsible for keeping the property free of rubbish and debris at all times, as well as for the collection of all rubbish and debris on adjacent properties and rights-of-way generated by the temporary use.

Additional conditions.

Additional conditions which are deemed necessary to protect adjacent properties from adverse effects or to prevent the creation of a public nuisance may be imposed.

Any such temporary use shall be completely terminated immediately upon either the completion of the activity or expiration of the term authorized in the permit, whichever occurs first.

Revocation. The Zoning Officer may revoke a temporary use permit at any time if it is determined that the use is not consistent with the requirements of this section.

§ 440-50 Dangerous uses, practices or conditions.

Regulations. No land or building in any district shall be occupied or used in any manner which creates or contributes to the existence of conditions which are dangerous, injurious, harmful, noxious or objectionable or which may otherwise adversely affect surrounding areas or adjoining premises; except that any use permitted under this chapter may be undertaken or maintained if acceptable measures and safeguards to reduce any dangerous or objectionable conditions to acceptable limits, as established in this section, are properly exercised. Specifically, the occupation or use of any land or building in any district shall be in violation of this chapter if one or more of the following conditions is found to exist at any time:

The use or storage of flammable or explosive materials which are not adequately protected by fire-fighting/fire-protection equipment or by safety devices normally required for such use.

The use or storage of flammable and/or explosive materials which are not set back from adjacent facilities or activities a safe distance compatible with the potential danger involved.

Radioactivity or air pollution is present in violation of regulations established by the DEP or the EPA.

Hazardous wastes are present in violation of regulations established by the DEP or the EPA.

Objectionable noise due to volume, frequency or beat is present.

Direct or reflected glare is present which is visible from any street or from any adjoining property which is not located in an industrial district.

Erosion caused by wind or water is carrying objectionable materials or substances onto any adjacent property.

Water pollution or contamination is present in violation of regulations established by the DEP or the EPA.

Assurance requirements and plans. Prior to the issuance of a zoning permit or a certificate of occupancy, the applicant may be required to submit written assurances and plans indicating the manner in which dangerous and objectionable aspects of processes or operations entailed in certain uses are to be eliminated or reduced to acceptable limits and tolerances.

Enforcement provisions. Any occupancy, use, conditions or circumstances existing in violation of this section of this article shall constitute a violation of this chapter and be subject to the enforcement procedures contained elsewhere herein.

§ 440-51 Conversions of dwellings.

No residence in any district may be converted to accommodate an increased number of dwelling units unless all of the following conditions are first met:

The conversion is in full compliance with all applicable commonwealth or federal regulations.

The district within which the residence is located is so regulated so as to allow such an increase in the number of dwelling units.

The yard dimensions meet or exceed that required for new structures in the same district.

The lot area per dwelling unit meets or exceeds that required for new structures in the same district.

The floor area per dwelling unit meets or exceeds that required for new structures in the district.

The conversion is otherwise in full compliance with all other relevant codes and ordinances of the Borough.

§ 440-52 Infill development of vacant buildable lot(s) and additions to existing structures.

[Amended 8-18-1999 by Ord. No. 1449]

In any residential district only, where 51% or more of the block face has already been developed and where the principal buildings within that block face have existing front, side or rear setbacks which are either greater or less than the setbacks established under this chapter, the lot shall be developed with front, side or rear setbacks consistent with the already established existing setbacks within the same block face; provided, however, that the setbacks for a principal building on any such lot shall be the same as those for:

The existing principal building(s) on the adjoining, contiguous, developed lot(s).

The average of all principal buildings along the same block face within the same block.

In no case less than 10 feet for any front or rear yard and three feet for any side yard.

§ 440-53 Parking and storage of vehicles and trailers.

In any residential district, commercial vehicles, tractors, trucks, buses, trailers, semitrailers, or similar vehicles or accessory vehicles may only be parked or stored upon a lot when completely contained within an enclosed building, except:

Those commercial vehicles conveying the necessary tools, materials and/or equipment to a premises where labor using such tools, materials and equipment is to be performed may be temporarily parked on a lot within a residential district only for that period of time during which the work is actually being performed.

Not more than one currently licensed, registered and operative trailer-mounted and secured boat and/or not more than one unoccupied, currently licensed, registered and operative recreational vehicle or trailer per resident family, owned by an immediate member of the resident family, may be parked or stored within the allowable building area in the rear yard only or at an approved alternate location elsewhere upon the property, only where it is not physically possible to park or store the item within the rear yard.

§ 440-54 Junk.

The accumulation of junk, junked or abandoned vehicles; disabled or inoperative machinery, equipment, vehicle or machinery parts; rags; building materials; or any other discarded object(s), trash or debris shall be prohibited in any district, outside of an approved salvage or vehicle impounding yard, in order to protect residents from conditions which may threaten their health, safety and/or welfare.

§ 440-55 Visibility at intersections.

In order to ensure reasonably safe visibility for motorists at any intersection:

On any corner lot at the intersection of two streets in any district, nothing shall be installed, erected, placed, planted or allowed to grow in such a manner as to impede vision materially between the height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets, in the area bounded by the right-of-way lines bordering such a corner lot and a line joining a point along each right-of-way line which is 50 feet from their point of intersection.

On a corner lot at the intersection of a street and an alley or on a corner lot at the intersection of two alleys, in any district, nothing shall be installed, erected, placed, planted or allowed to grow in such a manner as to impede vision materially between the height of 2 1/2 feet and 10 feet above the center-line grades of the two intersecting thoroughfares, in the area bounded by the right-of-way lines bordering such a corner lot and a line joining a point along each right-of-way line which is 25 feet from their point of intersection.

§ 440-56 Stormwater management.

All uses and lots in all zoning districts shall comply with the applicable requirements and standards for managing stormwater runoff in accordance with Chapter 389, the Munhall Subdivision and Land Development Ordinance.

§ 440-57 Swimming pools.

[Amended 9-17-1997 by Ord. No. 1414]

Any above-the-ground or in-the-ground private or public swimming pool with a depth at any point of 24 inches or more shall be secured with a fence or wall which is at least five feet in height, and provided that any such combination of wall(s) or fence(s) shall provide three-hundred-sixty-degree security around said swimming pool. Each and every exterior door and entrance gate along (within) any such wall or fence shall be equipped with an approved childproof lock. Any door connecting a swimming pool or patio area around a swimming pool to a principal or accessory structure need not be equipped with a childproof lock, provided only that all other exterior doors providing access to the same structure shall be equipped with a fully functional lock which limits access to the key or combination holder.

§ 440-58 Auto sales.

[Amended 12-16-1998 by Ord. No. 1439]

The sale or lease or offering for sale or lease of any motor vehicle, mobile home, boat, camper or trailer in any residential, commercial, industrial or mixed-use district shall be prohibited, except as follows:

In conjunction with an approved use by special exception which meets all of the conditions for automotive, mobile home, boat, camper or trailer sales in any General Business (B-2) or General Service (GS) District.

As a temporary use in any residential district, only where all of the following conditions have been met:

Any such motor vehicle, mobile home, boat, camper or trailer must be owned by a current resident, whether or not the owner, of the real property upon which the sale or lease is offered.

If any such motor vehicle, mobile home, boat, camper or trailer is owned by a current resident who is not the owner of the real property upon which the sale or lease is offered, the proposed offering for sale or lease shall be authorized, in writing, by the owner of the real property.

Any such offering(s) for sale or lease shall be limited to a cumulative total of not more than 90 days in any one calendar year.

Any such motor vehicle, mobile home, boat camper or trailer must be roadworthy, undamaged and fully operational.

Any such motor vehicle, mobile home, boat, camper or trailer shall have a valid license(s) and current inspection stickers.

In any residential district only, any such motor vehicle, mobile home, boat, camper or trailer may not be parked at any time and at any location in a required front yard, except upon a hard-surfaced (concrete or asphalt) driveway or, in the case of a multifamily dwelling, within an approved off-street parking lot.

No motor vehicle may be parked and offered for sale or lease from any location within a public right-of-way, except for the overnight parking of any such motor vehicle for a period of not more than 12 consecutive hours.